UC Berkeley Academic Senate

By-Laws of the Berkeley Division

BY-LAWS of The University of California
Berkeley Division of the Academic Senate
Last revision April 24, 2008

PART III. FACULTIES^[1]

Title I. General Functions and Powers

FACULTY GOVERNMENT
Each Faculty conducts the government of its College or School, subject to the following limitations:
1. A Faculty is a committee of the Division, is responsible to the Division, and may from time to time be instructed by the Division.
2. A Faculty may adopt By-Laws and Regulations consistent with the By-Laws and Regulations of the Division, which are submitted as an informational item to the Division and printed as an Appendix to the Berkeley Division Manual.
3. A Faculty selects its officers, except for the executive officers of the College or School, who are administrative appointees.
4. A Faculty may delegate its authority to committees or to its officers.
5. Instructors of less than 2 years' service have no vote (Senate By-Law 55).

FACULTY POWERS
1. Graduate study and higher degrees are subject to the rules and coordinating powers of the Graduate Council.
2. A Faculty is not responsible for student discipline.
3. A Faculty may recommend to the Division amendments of the By-Laws and Regulations.

FACULTY MEMBERSHIP (EC. 6.30.94; EC. 1.1.99)
The following are ex officio members of the Faculty of each School and College:
- The President of the University
- The Chancellor at Berkeley
- The Executive Vice Chancellor and Provost
- The Dean of the respective School or College as listed below.

Title II. List of Faculties and Their Membership

WALTER A. HAAS SCHOOL OF BUSINESS (Am. 9.91)
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Division who are members of the Department of Business Administration.
2. One representative designated by each other Department giving courses required in the curricula of the Walter A. Haas School of Business or giving courses that form part of special programs accepted in the School.

COLLEGE OF CHEMISTRY (Am 9.91, CC. 10.89, EC.11.91)
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. Deans of the Colleges of Engineering, Letters and Science, and Natural Resources; Dean of the Walter A. Haas School of Business, Deans of the Schools of Pharmacy (San Francisco), and Public Health.
2. The Department Chair, or a representative designated by the Chair, from the Departments of:
  - Entomological Sciences
  - Nutritional Sciences
  - Geology and Geophysics
  - Plant Biology
  - Integrative Biology
  - Soil Science
  - Molecular and Cell Biology
  - The Chairs of the Biology, Physical Sciences, Humanities, and Social Sciences Councils.
  - Department and Division Chairs in the College of Engineering;
  - Departmental representatives designated by the Department Chair as follows:
    - Three from the Department of Mathematics;
    - Three from the Department of Physics.
  - All members of the Division who are members of the Department of Chemistry and Chemical Engineering.

GRADUATE SCHOOL OF EDUCATION (CC. 7.1.06)

In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Division who are members of the Department of Education;
2. Members selected from among the departments, colleges and schools of the Berkeley Campus, representing subjects taught in the public schools and disciplines which are foundations of educational theory and practice.
  - Selection of such members, their numbers, and terms of service are recommended to the School by the Standing Committee on Membership.
3. Supervisors of Teacher Education who have served three or more years as full-time officers of instruction in the School of Education.
  - On matters concerning which the Faculty makes recommendations to the Berkeley Division, these Supervisors may participate and vote;
  - On matters concerning which the Faculty takes final action on authority delegated by the Senate, they may participate as non-voting members.

COLLEGE OF ENGINEERING (Am. 9.91)
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. Deans of the Colleges of Chemistry, Environmental Design, Letters and Science, and Natural Resources; and Deans of the Walter A. Haas School of Business and the School of Public Health (Berkeley-San Francisco).
2. All members of the Division who are members of departments assigned to the College of Engineering.
3. Chairs of the Departments of:
  - Chemistry
  - Mathematics
  - Chemical Engineering
  - Physics
  - Geology and Geophysics
  - Statistics
4. One representative nominated by each other department giving courses prescribed in the curricula of the College of Engineering.
5. Such other members of the Senate as the Dean of the College may nominate because of their contribution in teaching or research to the field of engineering.

COLLEGE OF ENVIRONMENTAL DESIGN
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Division who are members of the Departments of Architecture, City and Regional Planning, or Landscape Architecture.
2. Such representatives of related Departments as are appointed by the Chair of the Faculty.

GRADUATE SCHOOL OF JOURNALISM
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. Dean of the Graduate Division;
2. All members of the Division giving instruction in the School;
3. As non-voting members, all other persons giving instruction in the School during each term in which they are teaching.

SCHOOL OF LAW
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Division who are members of the Department of Law.
2. Those members of the Division who give courses that are required for the degree of Juris Doctor.

COLLEGE OF LETTERS AND SCIENCE
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Division who are members of departments or divisions of departments assigned to, or offering a major program in, the College of Letters and Science.
2. One representative designated by each other department which offers courses in satisfaction of specific requirements of curricula of the College of Letters and Science. Any school or college on the Berkeley Campus which this leaves without a representative is entitled to designate one. (EC.00)

SCHOOL OF INFORMATION (Am. 4.22.03; CC. 6.26.06)

In addition to ex officio members, By-Law 64, members of this Faculty are all members of the Division who are members of the School of Information.

COLLEGE OF NATURAL RESOURCES (Am. 9.91)
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Berkeley Division of the Academic Senate who are members of Departments assigned to the College of Natural Resources.
2. Four representatives from the College of Letters and Science, including at least one from the biological sciences, one from the social sciences, and one from the humanities.
3. One representative each from the:
  - Colleges of Chemistry, Engineering, Environmental Design;
  - Walter A. Haas School of Business, Schools of Education, Public Health;
  - Graduate School of Journalism, Richard and Rhoda Goldman School of Public Policy. (CC. 7.1.97 )
4. Up to five members of the Berkeley Division at large to be appointed by the Executive Committee in its capacity as the Committee on Committees. Each representative designated under Sections 2,3,4 above serves one year or until a successor is selected.

SCHOOL OF OPTOMETRY
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Division who give instruction in optometry or physiological optics.
2. One representative designated by each of the Departments of:
  - Chemistry
  - Physics
  - Integrative Biology
  - Psychology
  - Mathematics
  - Public Health
  - Molecular and Cell Biology
  - Statistics (CC. 8.89)
3. One representative of the School of Medicine (San Francisco), appointed by the Dean of the School of Medicine upon nomination by the Department of Ophthalmology.

SCHOOL OF PUBLIC HEALTH (En. 11.8.05)^[2]

In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Division who are members of the School of Public Health.
2. The Chancellor at UC San Francisco.

RICHARD AND RHODA GOLDMAN SCHOOL OF PUBLIC POLICY (CC. 7.1.97)
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Division who are members of the Department of Public Policy.
2. For one-year terms, such other members of the Division up to a total of five as are appointed by the Dean of the School.

SCHOOL OF SOCIAL WELFARE
In addition to ex officio members, By-Law 64, members of this Faculty are:
1. All members of the Academic Senate who are members of the Department of Social Welfare.
2. Three members of the Academic Senate holding appointment in allied professional schools at Berkeley and San Francisco; and
  - Three members of the Academic Senate holding appointment in the social sciences departments at Berkeley.
  - These six members shall be appointed by the Dean of the Graduate Division on nomination of the Executive Committee of the Faculty after consultation with the Deans and Department Chairs concerned.
  - They shall serve for one year and may be reappointed.

PART IV. DEGREES

DEGREES, CERTIFICATES, HONORS
- The Division delegates to the Committee on Courses of Instruction its authority to recommend to the Chancellor at Berkeley, for transmittal to the President of the University, candidates for Degrees, Certificates, and Honors.
- In its review of doubtful cases, the Committee shall consult with the recommending officer.
- After forwarding its recommendations, the Committee shall report such action at the next regular meeting of the Division.

PART V. LEGISLATIVE BUSINESS

VOTING REQUIREMENTS (Am. 3.89)
- Enactment, amendment or repeal of the By-Laws requires a two-thirds vote of those present and voting or of those voting by mail ballot.
- Modification of Regulations requires approval of a majority of those present and voting or of those voting by mail ballot.
- All other business requires a majority of the votes cast.
- Abstentions will not count in the calculation of the two-thirds vote required for approval of By-Laws or the majority necessary to pass Regulations, or modification of either.

ELECTRONIC OR MAIL BALLOT

An electronic or mail ballot must be held on any issue, including modification of legislation, if a majority of the voting members present at a meeting of the Division so orders. Electronic and mail ballots are held in accordance with Senate By-Laws 95 and 340 and Berkeley Division By-Law 9.A and 9.D. (En. 3.89; Am. 11.8.07)

PRIOR NOTICE
1. Legislative Changes The full text of proposed modification of Divisional or Senate legislation that is to be acted on at a meeting of the Division must be sent at least seven calendar days prior to the meeting. (Am. 3.89)
2. Business Not Noticed
  1. At a Regular Meeting, the Division may take up any other business, except legislation as noted in By-Law 162.A above, whether or not noticed in the call to meeting. But, if not so noticed, such business can be acted upon finally only after members present have consented so to act by two-thirds of the votes cast. (CC. 3.89)
  2. At a Special or Emergency Meeting, Business Not Noticed in the call to meeting can be taken up only after unanimous consent, and can be acted upon finally only after members present have consented so to act by two-thirds of the votes cast.

PARLIAMENTARY AUTHORITY (En. 10.19.00)
Questions of order not covered by legislation are governed by Robert¹s Rules of Order.

CONSENT CALENDAR
- Those items of business which the Chair and the Vice Chair of the Division deem to be non-controversial may be placed on a Consent Calendar printed in the Notice of Meeting under Special Orders. (CC. 10.89)
- Approval of all business on the Consent Calendar requires a single unanimous vote. If there is objection to any item on the Consent Calendar, it is thereby removed and becomes the subject of New Business.

DEFINITIONS (from the By-Laws of the Academic Senate)
- The term "modification of legislation" means enactment of new legislation and amendment or repeal of existing legislation. (En. 3.89)
- The term "legislation" denotes only By-Laws and Regulations of Senate agencies.
- The term "memorial" designates a declaration or petition addressed to the President for transmission to The Regents.
- The term "resolution" designates a declaration or petition to the President not intended for transmission to the Regents.
- The term "legislative agency" denotes only:
  - The Assembly of the Academic Senate;
  - A Division of the Academic Senate;
  - An assembly of the Division.

PART VI. BUDGET

DIVISIONAL BUDGET
When requested, the Chair of the Division submits an annual budget to the Chancellor to support the work of the Division.

ENDNOTES

^[1] Representative Assembly (formerly Part III, By-Laws 64-70) abolished 3.14.89; subsequent By-Laws renumbered with conforming changes throughout.
^[2]The Berkeley Division has submitted a request to repeal Senate Bylaw 235, which established the School of Public Health as a faculty of the Assembly of the Academic Senate.